[2024] KEHC 4789 (KLR)
The court found that the certificate of taxation was issued without any evidence of a retainer, the case number, full names of the parties, or proof of services rendered by the advocate. The taxation was therefore deemed mechanical and unsupported. Consequently, the court set aside the certificate of taxation and...
Source-derived case information.
- Citation
- [2024] KEHC 4789 (KLR)
- Parties
- Applicant: Geoffrey Yogo & Erick Ojuro t/a Otieno, Yogo, Ojuro & Co. Advocates; Respondent: Dominion Farms Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E025 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Set Aside Certificate of Taxation
- Outcome
- Certificate of taxation set aside; Bill of Costs remitted for fresh taxation.
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Taxation, Setting Aside Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Yogo & Erick Ojuro t/a Otieno, Yogo, Ojuro & Co. Advocates
Applicant
Dominion Farms Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Certificate of Taxation
Legal Issues
- 1 Whether the certificate of taxation dated 9th December 2022 was properly issued in the absence of evidence of retainer, case particulars, and services rendered.
- 2 Whether the Bill of Costs should be remitted for fresh taxation.
Ratio Decidendi
The court found that the certificate of taxation was issued without any evidence of a retainer, the case number, full names of the parties, or proof of services rendered by the advocate. The taxation was therefore deemed mechanical and unsupported. Consequently, the court set aside the certificate of taxation and remitted the Bill of Costs to the Deputy Registrar for fresh taxation, to be conducted interpartes and only after confirming that the respondent is duly served with the Notice of Taxation. The court emphasized that proper documentation and substantiation are mandatory in taxation proceedings.
Court Disposition
Certificate of taxation set aside; Bill of Costs remitted for fresh taxation.
Orders
- The certificate of taxation dated 9th December 2022 is set aside.
- The Bill of Costs is remitted to the Deputy Registrar for fresh taxation interpartes.
Full Case Text
Judgment text and source record
21 paragraphs
Geoffrey Yogo & Erick Ojuro t/a Otieno, Yogo, Ojuro & Co. Advocates v Dominion Farms Limited (Miscellaneous Civil Application E025 of 2022) [2024] KEHC 4789 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4789 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E025 of 2022
RE Aburili, J
May 9, 2024
Between
Geoffrey Yogo & Erick Ojuro t/a Otieno, Yogo, Ojuro & Co. Advocates
Applicant
and
Dominion Farms Limited
Respondent
(Arising from the professional legal services rendered by the Applicant/Advocate to the Respondent/client in Dominion Farms vs Ongogo)
Ruling
1. I have examined the Certificate of Taxation dated 9th December 2022 and compared it with the Bill of Costs dated 17th December 2021.
2. I find no basis upon which the taxation was done for the following reasons:-1. There is no case number and full names of the parties in which the advocate acted for the client.2. There is no evidence of retainer.3. There is no evidence of the nature of the cause of action upon which Kshs.120,000 was drawn and awarded as instruction fees.
3. On the whole, there is no evidence of services rendered. I find the taxation to have been mechanical and unsupported.
4. I set aside the taxation and the certificate of costs dated 9th December, 2022 and remit the Bill of Costs to the Deputy Registrar for taxation afresh, interpartes upon satisfying herself that the Respondent is duly served with the Notice of Taxation and to take into account the reasons herein advanced for rejection of the certificate of costs. Mention on 20th June 2024 before the Deputy Registrar.
5. I make no orders as to costs.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE